Lawyers and Consumer Protection Laws

TLDR

The conventional view of lawyers as adversarial rule‑appliers is too narrow, as many attorneys—especially those representing individuals—have limited knowledge of consumer protection law, act mainly as mediators, and their practice is shaped by personal values, indicating a need for a broader understanding of legal roles. The Wisconsin study finds that consumer protection laws have limited practical impact on lawyers, with reforms that grant individual rights having only symbolic effect unless incentives align with bar members’ long‑term interests.

Abstract

The conventional model of the practice of law views lawyers as those who apply legal rules in the service of client interests, checked only by the constraints of the adversary system. A study of the impact of consumer protection laws on the practice of Wisconsin lawyers shows this to be an oversimplification. Lawyers for individuals tend to know little of the precise contours of consumer protection law. They most often serve as mediators between buyer and seller, relying on general norms of fairness and good faith. Lawyers for businesses are more likely to make use of the law, but they are seldom called on to deal with particular disputes. Lawyers' own values and interests are reflected in the way in which they represent clients. As a result, reform laws which create individual rights are likely to have only symbolic effect unless incentives are devised to make their vindication in the long-range interest of members of the bar. Moreover, an understanding of the many roles played by lawyers also requires a more expanded picture of practice. The picture of the lawyer as litigator in the adversary system may itself serve largely symbolic functions.